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Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: That option is only open to them because they are identifiable in the report. It is not open to a Minister of the Government because that route, in terms of being identifiable, does not exist in that situation.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: No.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: That is my understanding, yes.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: Deputy Cairns referred to the issue of redress. We did not base our redress proposals on the commission's report. We did not limit ourselves to the limitations that the commission set out. Indeed, in terms of the action plan and our response we did not limit ourselves to the commission's report. Notwithstanding that there are severe criticisms of some of the findings of the report, which...

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: The statement was the outcome of a settlement of that case.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: It was a settlement between the Government and the plaintiffs, yes.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: It was because it was a part of a court-mandated settlement.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: Yes. It is the outcome of a judicial process.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: Is the Deputy referring to June 2021? No, there was not.

Joint Committee On Children, Equality, Disability, Integration And Youth: Review of Testimonies Provided by Survivors of Mother and Baby Homes: Department of Children, Equality, Disability, Integration and Youth (4 Oct 2022)

Roderic O'Gorman: No.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: I note Senator Mullen's opposition to the section and the detailed remarks he made at our previous session. The provision under consideration came about as a result of careful deliberation on the constitutional, legal and clinical considerations arising from the recommendation of the post-legislative scrutiny report on the removal of section 85(6) from the 2015 Act to ensure that pregnant...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: What we are seeking to do with this provision is to reflect the situation where a pregnant woman will not be denied the benefit of her advance healthcare directive solely on the basis of her pregnancy. That is what the current provision allows for and following the repeal of the eighth amendment, that is a position we are moving away from. With the greatest of respect to Senator Mullen, the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: What the Senator has said about the protections that apply after 12 weeks is important. The consequence of the withdrawal of treatment on the basis of an advance healthcare directive does not constitute a termination under our law. Whether that happens before or after the 12-week period is not a termination as our law recognises and it is important that this is clearly stated.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: On the presumption of care for pregnant women and the foetus, we could not proceed as the Senator is suggesting, that is, that we would legislate that a presumption would be made on a pregnant woman who has made an advance healthcare directive but one which does not specifically address pregnancy and that certain things would apply to her. We could not do so as that would be the creation of...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: For the avoidance of any doubt, where an advance healthcare directive is silent, the existing law and clinical practice apply. In this case, if the advance healthcare directive is silent about a consequence of treatment during pregnancy, the existing clinical practice applies and so the pregnant woman is treated equally to any other pregnant woman in that situation. There is no rebuttable...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: As the Senator knows, I was not here at the time of the 2015 legislation but it is my understanding from talking to officials that this provision was seen as a necessity that stemmed from the then constitutional situation. What we are doing now is ensuring that the specific restrictions on the applicability of an AHD to a pregnant person, which is understood as being necessitated by the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: Pardon?

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: That is okay. If the advanced healthcare directive is silent on the issue with regard to the interaction of pregnancy with the particular treatment, the existing legal and medical processes apply.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: It means that the doctors and the medical team in that situation would undertake what they would normally undertake. They are not bound by any requirements of the AHD. They can treat just as they would treat in any other situation according to their judgment of the situation.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: The current section 85(6) creates a specific standard that applies solely to pregnant directive-makers. The purpose of the removal of the subsection is to ensure that the current clinical practice applies to pregnant women.It is not being put forward as any sort of weakening of the protections towards a foetus but it allows for clinical policy, which is always more responsive to legislation,...